Evidence of domestic violence, when corroborated by witness testimonies and medical examinations, can establish guilt in murder cases under IPC.

JUDGMENT :

R. HEMALATHA, J.

1. The appellant stood charged for an offence punishable under Section 302 IPC in S.C No.12/2015.

2. The learned trial court Judge, after full trial, convicted and sentenced the appellant, vide her judgment dated 05.01.2016, as detailed hereunder:

3. The case of the prosecution as could be discerned from the oral and documentary evidence is as follows:

3.1. The deceased Sivakumari is the wife of the appellant Mathiya @ Sundarrajan and daughter of Kandasamy (P.W.1) and Manikavalli (P.W.2). Kanageshwari (P.W.17) and Vigneshwaran (P.W.18) are her siblings.

3.2. The deceased and the appellant got married ten years prior to the occurrence and they were blessed with three children by name Nishanth (10 years), Nivedha (8 years) and Ashvitha (3 years). The appellant, suspecting the fidelity of his wife (deceased) would beat her frequently and two months prior to the date of occurrence, the appellant lit six camphors on her right palm and asked her to prove her good conduct. Since Sivakumari sustained burn injuries on her right palm she was taken to Vinayaka Hospital, Sulthan Bathery on 24.02.2014.

3.3. Dr.Randhir Krishnan (P.W.28), examined Sivakumari on 24.02.2014 and found that she had sustained burn injuries on her right palm. She was treated as an out patient and was prescribed medicines. The Medical Records of Vinayaka Hospital, Sulthan Bathery, pertaining to the victim was marked as Ex.P1.

3.4. On 16.04.2014, the appellant started beating his wife suspecting her fidelity and the deceased ran to the house of Padmanaban (P.W.3), her neighbour to take shelter. She knocked the doors of P.W.3's house and when he opened it, Sivakumari ran inside his house and hid under a cot. However, the appellant who came behind her dragged her to his house and started beating her. P.W.3 in fact heard noise from the house of the appellant beating the victim and she crying but tried to sleep as this was not something unusual between the appellant and his wife. He was also afraid that the appellant would abuse him in filthy language if he questions him. However, at about 2.00 a.m. on 17.04.2014, the appellant knocked the doors of Padmanaban (P.W.3) and asked him to bring his Auto to take his wife to the hospital but P.W.3 refused. However, he saw the appellant at about 3.00 a.m. proceeding towards the main road taking his wife on his shoulders. P.W.3 immediately rushed to the house of P.W.1 (father of the victim) and informed him. P.W.1, P.W.2 and P.W18 came down to the house of the appellant and enquired the children who in turn informed them that the appellant assaulted their mother on her abdomen, chest and also hit her head on the wall. The children had seen their mother with bleeding injuries and in fact they were all crying. At about 07.00 a.m. P.W.1 to P.W.3 and P.W.18 came to know that Sivakumari had died.

3.5. Dr.Suresh Rajkumar (P.W.20), examined Sivakumari at about 03.00 a.m. on 17.04.2014. He was informed by the appellant that she fell down from upstairs of their house. According to P.W.20, Sivakumari was unconscious and her blood pressure was very low. He therefore, referred her to Government Head Quarters Hospital, Ooty. The Accident Register was marked as Ex.P15.

3.6. Dr. Karthik Balaji (P.W.21), examined the victim at about 06.00 a.m. on 17.04.2014 and declared her as 'brought dead'. The Accident Register issued by him was marked as Ex.P16. He then sent the body of the deceased to the mortuary of the hospital.

3.7. P.W.1 to P.W.3 and P.W.18 went to the Government Hospital, Ooty and saw the body of the deceased. Thereafter, P.W.1 went to Gudalur Police Station and lodged a written complaint (Ex.P2) with Thiru. Arun (P.W.26), the t